The above-captioned case was scheduled for hearing on November 17, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Richard, Walker, Jasparro, Dias and Filippi were present.  Commissioner Blackburn recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Glenn Bathgate of the Cranston Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Walker abstaining from the vote.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a May 20, 2009 inspection report compiled by the Cranston Fire Marshals Office along with a November 6, 2009 plan of action developed for the Applicant by Hughes Associates, Inc.  The above inspection report and plan of action were utilized by the Board, the Applicant and the Cranston Fire Marshals Office during the November 17, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the May 20, 2009 inspection report along with the November 6, 2009 plan of action as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein. 

Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term approved, as used herein, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop and submit a plan of action for the correction of deficiency 1 to provide this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the Cranston Fire Marshal's office.  The Board hereby grants an additional time variance of 120 days from the above thirty-day plan submittal in which to implement the plans to provide the facility with an approved fire alarm system at the direction and to the satisfaction of the Cranston Fire Marshal's office.
	2-14.  It is the understanding of the Board that the Applicant has corrected deficiencies 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 at the direction and to the satisfaction of the Cranston Fire Marshal's office.
	15.  The Board hereby grants the Applicant a time variance of six (6) months from the date of this decision in which to submit plans to the Cranston Fire Marshal's office for the installation of the required sprinkler coverage within this facility.  The Board hereby grants the Applicant an additional six-month period in which to implement those plans and provide this facility with the required sprinkler coverage.
	16.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit plans for the upgrade of the elevators within this facility.  The Board further grants the Applicant a time variance of 120 days in which to implement the above elevator plan of action.
	17.  The Board hereby grants the Cranston Fire Marshal's office the authority to extend any of the above timelines for good faith efforts being shown by the Applicant.

STATUS OF DECISION AND APPEAL RIGHTS
	This Decision represents a comprehensive, integrated plan of fire safety for the above-captioned facility under the above-cited use or occupancy.  Accordingly, every variance granted is conditioned upon the Applicants timely and continued compliance with all of the directives of the Board. Every variance granted is further conditioned upon the continued use or occupancy of this facility under the above-cited classification reviewed by the Board.  (See: Board Rules and Regulations, section 6-2-17).
	Failure of the Applicant to initially comply with the full Decision of the Board, within the stated time frame, shall void all variances granted herein.  (See: Board Rules and Regulations, section 6-2-18.)  In the event of complete, timely and continued compliance with the full Decision of the Board, the above cited variances shall be deemed to have vested in the above-captioned facility.  As long as this facility is in continued compliance with the full Decision of the Board, the above-cited variances shall remain with this facility in the absence of any change in use or occupancy mandating review under a separate classification of the Fire Code or a revision of the above-cited classification.  (See: Board Rules and Regulations, section 6-2-19).  

Such changes in use or occupancy of this facility, or failure to continually comply with the Boards Decision shall void all variances granted under the above-cited use or occupancy.  If such change creates a new use or occupancy as outlined in R.I.G.L. 23-28.1-6, all variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy.  (See: Board Rules and Regulations, section 6-2-20).
	The Applicant may appeal the Boards Decision, within thirty (30) days of the mailing date of this Decision, by commencing an action against the State Fire Marshal in the Sixth division of the District Court.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].